Utilities sue over EPA power plant rule

By Lesley Clark | 05/16/2024 06:52 AM EDT

The lawsuit is the latest challenge to the Biden administration’s effort to curb carbon pollution from the power sector.

EPA is finalizing an emergency power plant rule.

Smokestacks at a power plant are shown. Mrs. Gemstone/Flickr

More electric utilities are joining the legal fight against the Biden administration’s new rule to curb climate pollution from power plants.

Calling themselves Electric Generators for a Sensible Transition, a coalition of power companies and a national trade association is asking the U.S. Court of Appeals for the District of Columbia Circuit to strike down EPA’s new rule to limit planet-warming emissions from existing coal- and new gas-fired power plants.

The lawsuit filed Friday comes on the heels of challenges filed in the D.C. Circuit by more than a dozen Republican-led states, a mining trade group and electric cooperatives.


Parties to the latest lawsuit include American Electric Power, one of the nation’s largest utilities with a traditionally outsize dependence on coal, and the American Public Power Association, which represents nonprofit, community-owned electricity providers.